中国古代赦免程序探析
An Analysis of the Pardon Procedure in Ancient China

赦免程序在古代中国有着一定的积极作用，例如体现君主仁者爱人的统治理念、维护社会稳定、避免轻罪入刑。在积极刑法观时代，大量轻罪被入刑，如何完善相应的出罪机制显得尤为重要。但赦免的适用也存在着一定的风险，若是其被滥用，则必然会削弱刑法的威慑力、易与政治打压相勾连从而偏袒特定群体。进而导致社会公平和法治观念受损，对社会秩序产生负面影响，对公平正义以及社会公共利益带来严峻的挑战。
The pardon procedure played a positive role in ancient China, such as embodying the monarch’s benevolent and loving ruling philosophy, maintaining social stability, and avoiding the criminalization of misdemeanors. In the era of positive criminal law, most of misdemeanors have been criminalized, and how to improve the corresponding crime mechanism is particularly important. However, there are certain risks in the application of amnesties, and if they are abused, they will inevitably weaken the deterrent power of criminal law, and it is easy to collude with political repression and favor specific groups. In turn, the concept of social fairness and the rule of law is damaged, which has a negative impact on social order and brings severe challenges to fairness and justice and social public interests.